Law: Punjab Industrial Relations Act, 2010

Section: 33

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Punjab Employees Efficiency, Discipline and Accountability Act, 2006

Section: 4,16,20,23

Punjab Industrial Relations Act (XIX of 2010)--- ----S. 33---Punjab Employees' Efficiency, Discipline and Accountability Act (XII of 2006), Ss.4, 16, 20 & 23---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), Preamble---Civil Procedure Code (V of 1908), O. VII, R. 11---Employee of Lahore Development Authority proceeded against under Punjab Employees Efficiency, Discipline and Accountability Act, 2006---Dismissal from service---Grievance petition---Maintainability---Departmental appeal by the employee was dismissed---Employee thereafter filed grievance petition before Labour Court---Establishment moved application for rejection of the grievance petition but same was dismissed---Validity---Provisions of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 were not applicable to industrial and commercial establishments carried on by or under the authority of Federal or any Provincial Government wherein the terms and conditions of service of the employees were governed under statutory rules of service or statutory law/rules were applicable with regard to their conduct and discipline---Employee, in the present case, was proceeded against under Punjab Employees Efficiency, Discipline and Accountability Act, 2006 which, being statutory dispensation jurisdiction of the Labour Court to take care of the order either passed by the competent authority or the appellate authority, was not attracted---Grievance petition by the employee before Labour Court was not sustainable---Impugned orders passed by the Labour Court and Labour Appellate Tribunal were set aside---Application for rejection of grievance petition was accepted and proceedings before the said forum were quashed---Constitutional petition was allowed in circumstances. Mir Ajab Khan and another v. Deputy Post Master-General, SRP, Dera Ismail Khan and others 2013 SCMR 1053; Lahore Development Authority through D.G., Lahore and another v. Abdul Shafique and others PLD 2000 SC 207; Muhammad Hanif v. Executive Director (O.P.S.) House Building Finance Corporation, Islamabad and others 2008 PLC 1 and Lahore Development Authority and others v. Abdul Shafiq and others…

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